Kowalow

MEMORANDUM **

Monique Kowalow (“Kowalow”) sued her former employer, Corrections Services Corporation (“CSC”) on August 18, 1999 asserting Title VII claims for hostile work environment, disparate treatment, and retaliation, as well state law claims of breach of contract, tort of outrage, and intentional infliction of emotional distress. The day after the discovery deadline, on October 5, 2000, CSC moved for summary judgment. On that same day, Kowalow moved for leave to amend her complaint. On November 29, 2000, the district court denied the motion for leave to amend as untimely and futile.

At oral argument on CSC’s motion for summary judgment, the district court granted the motion in part and denied it in part. In narrowing the issues for argument, the district court determined that Kowalow failed to plead state law claims for gender discrimination, hostile work environment, retaliation, and sexual orientation discrimination. The district court found that Kowalow’s Title VII claims did not necessarily encompass unpled analogous state law discrimination claims. At the conclusion of oral argument, the district court allowed Kowalow’s claims for hostile work environment, disparate…